Posted: May 15, 2013
Code of Judicial Administration
CJA 02-0103. Open and closed meetings. Amend. Technical changes. Adopts for the Judicial Council the new requirements of public bodies under SB 77. Effective May 14, 2013 under Rule 2-205. Subject to change after the comment period.
CJA 02-0104. Recording meetings. Amend. Requires additional public records to be published on the Utah Public Notice Website. Adopts for the Judicial Council the new requirements of public bodies under SB 77. Effective May 14, 2013 under Rule 2-205. Subject to change after the comment period.
CJA 03-0414. Court security. Amend. Removes duplicate reference to proselytizing in a courthouse.
CJA 04-0202.02. Records classification. Amend. Classifies the addendum to an appellate brief in a case involving termination of parental rights or adoption as a private record. Establishes the classification of a “safeguarded” record and which records are safeguarded records. Describes when jurors’ names are public, private or safeguarded.
CJA 04-0202.03. Records access. Amend. Describes who has access to safeguarded records. Modifies who has access to the juvenile court social file.
CJA 04-0403. Signature stamp use. Amend. Deletes acceptance of pleas in abeyance from the list of documents on which the clerk can sign for the judge with a signature stamp.
CJA 04-0906. Guardian ad litem program. Amend. Implements the requirements of Section 78A-2-228 for private guardian ad litem attorneys. Effective July 1, 2013 under Rule 2-205. Subject to change after the comment period.
CJA 06-0401. Domestic relations commissioners. Amend. Includes dating violence protective orders, authorized by HB 50, within the authority of court commissioners. Effective May 14, 2013 under Rule 2-205. Subject to change after the comment period.
The provision regarding classification of the addendum in an appellate brief in CJA 04-0202.02 should be broadened. Currently the amendment classifies the addendum to an appellate brief in a case involving termination of parental rights or adoption as a private record. There are numerous other juvenile court child welfare orders that are final and appealable, which are equally confidential, but which are not currently listed. The juvenile court rules (rule 2(a), (c)) and the appellate rules (rule (1)(f)) explicitly recognize the other types of child welfare proceedings, i.e., abuse, neglect, dependency, and substantiation proceedings. The records from all of those proceedings should be confidential (classified as private) for the same reasons applicable to termination of parental rights and adoption cases. If you feel it is too wordy to include all of the proceedings, some of the juvenile rules refer to them as “non-delinquency” cases.
In my previous comment, I should have included protective orders as well.